HUD Secretary Carson Terminates Affirmatively Furthering Fair Housing Rule

Codes and Standards

U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson today announced that HUD will terminate the Obama-era Affirmatively Furthering Fair Housing (AFFH) regulation issued in 2015. “After reviewing thousands of comments on the proposed changes to the Affirmatively Furthering Fair Housing (AFFH) regulation, we found it to be unworkable and ultimately a waste of time for localities to comply with, too often resulting in funds being steered away from communities that need them most,” said Secretary Carson.“

"NAHB recognizes and supports the intent of Affirmatively Furthering Fair Housing," said NAHB Chairman Chuck Fowke. "Attempts to develop workable AFFH regulations, however, have been unsuccessful and local governments' attempts at compliance did little to advance fair housing. There now is a great opportunity to truly advance the goals of the 1968 Fair Housing Act and we look forward to the Trump administration and HUD working with the many stakeholders to achieve those goals."

The Preserving Community and Neighborhood Choice final rule replaces the 2015 AFFH regulation and 1994 Analysis of Impediments (AI) requirements. Under the new rule (which becomes effective 30 days after publication in the Federal Register), “AFFH certifications provided by grantees will be deemed sufficient provided they took any action during the relevant period rationally related to promoting fair housing, such as helping eliminate housing discrimination.”

NAHB is reviewing the final rule.

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